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Frank Iacobucci will take over the police use-of-force review after retired justice Dennis O’Connor stepped down this week amid conflict of interest complaints.

Toronto Police Chief Bill Blair announced Friday that Justice Frank Iacobucci (seen on the monitor next to the chief) will replace Dennis O'Connor as investigator in the shooting of Sammy Yatim. (Vince Talotta / Toronto Star) | Order this photo

Chief Bill Blair has announced that retired Supreme Court justice Frank Iacobucci will take over the internal review following the shooting death of Sammy Yatim. (Adrian Wyld / THE CANADIAN PRESS)

Toronto Police Chief Bill Blair has tapped a retired Supreme Court justice to lead an internal probe of the Sammy Yatim shooting, in a bid to gain public trust that has been fraught with controversy.

Blair announced Friday that Frank Iacobucci will take over the review, after his first appointee, retired justice Dennis O’Connor, stepped down suddenly this week amid conflict of interest complaints.

Iacobucci, who served on the Supreme Court from 1991 to 2004 and was also once Canada’s deputy justice minister, said in an interview he had no hesitation about joining the probe, regardless of the scrutiny O’Connor faced.

“The issue was a very important one, and that is what attracted me,” he said. “Police have a very important position in our society. They have certain kinds of authority and power, and that carries with it responsibility to exercise that power in the public good.”

O’Connor resigned Wednesday following questions about his affiliation with the law firm Borden Ladner Gervais (BLG), which represents Toronto police in civil suits and inquests.

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Blair lauded Iacobucci’s “extraordinary and extremely distinguished record of public service.” He also praised O’Connor but said he respected his decision to step aside.

“I was very disappointed to lose someone of that calibre, but I have to tell you how pleased I am that Justice Iacobucci, when asked, stepped to the forefront and agreed immediately to take on this work,” he said.

The police chief first announced the internal review — examining officers’ use of force when responding to emotionally disturbed people — on Aug. 16, amid outrage over the death of Yatim, 18, who was hit by eight bullets and then Tasered on a streetcar.

Const. James Forcillo, the officer who fired the shots, has been charged with second-degree murder. Ontario ombudsman André Marin is also conducting his own probe of police de-escalation practices following Yatim’s death.

Blair said Iacobucci’s mandate is to recommend changes to the force’s policies, procedures, training and equipment. He will examine Toronto police policy and look at the practices of other forces worldwide.

Iacobucci, a lawyer with Torys LLP and former chair of the Torstar board, said Blair’s staff first contacted him a week and a half ago, but would not say exactly when he came on board.

He has already begun to assemble a team to help him and is looking at the documents gathered by his predecessor. The next steps are to reach out to those affected by the shooting, and request more information, he said.

Iacobucci said he has “full confidence” that Blair and his officers will co-operate. He declined to provide a timeline for completing his report, which will be submitted to the police services board before being made public.

“I’ve been told to take the time to do the best job you can do, because it’s obviously so important,” he said.

Julian Falconer, a lawyer retained by Yatim’s mother and sister, praised Iacobucci’s experience and abilities, but said questions remain about the scope of the probe and whether it will bring relief to the distraught family.

“Until we have a feeling of transparency and accountability, it’s hard to endorse that which we don’t know,” he said. “But certainly, there’s no question that Frank is an admirable choice.”

Falconer expressed concerns about the internal investigation being used as a “pretext” to avoid fully co-operating with Marin’s review, which he said the Toronto police did following the G20 crisis.

The lawyer also urged Toronto police not to wait to implement full-time mobile crisis units, partnerships of trained police negotiators and mental health workers, and proper de-escalation training for all front line police officers.

“We already know that these things work. They save lives. It would be unforgivable if more lives are lost while we wait around for another inquiry to report its findings,” he said.

Yatim’s mother released a statement through Falconer, saying no family should have to lose a loved one the way hers did.

“Sammy didn’t have to die. Something went very wrong,” said Sahar Bahadi. “I really hope that the Toronto Police Chief understands this, and that the review will save lives. It’s too early to know whether this will be the case.”

Toronto lawyer Barry Swadron said Iacobucci has “enormous stature” and his affiliation with Torys LLP doesn’t have the same baggage as BLG. “I can’t recall a case where (Torys) were involved in representing police.”

However, Swadron said the review of the use-of-force model should be expanded.

“The province should step up to the plate and have a public inquiry so that all the stakeholders can make representations, such as those representing the mentally ill and emergency services — so it’s not just for the police to decide, it’s for the community.”

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